EstatePass
Ethics & Fraudmedium18% of exam

Before the team acts on a production meeting, a licensing coordinator must address Do Not Call Registry Compliance. Which response is most defensible?

Correct Answer

B) Honor the do-not-call request under telemarketing rules

Why this is correct: The original explanation references telemarketing rules, primarily the Telephone Consumer Protection Act (TCPA) and the FTC's Telemarketing Sales Rule. These require callers to scrub their calling lists against the National Do Not Call Registry and honor any company-specific do-not-call requests. Calling a number on the registry without the recipient's prior express written consent (for marketing calls) is a violation. Why the other choices are wrong: The choice "Call without checking consent or registry status" is wrong because it directly violates do-not-call regulations. The choice "Use prior asset documentation approval as a substitute for the current Do Not Call Registry Compliance requirement" is wrong because consent for one purpose (e.g., loan processing) does not equate to consent for telemarketing calls. The choice "Treat prior borrower contact as unlimited permission for future calls" is wrong because prior contact does not override a do-not-call request or registry listing. Exam tip: For telemarketing, you need prior express written consent to call a number on the Do Not Call Registry. For non-telemarketing servicing calls, different rules apply, but when in doubt, honor the request.

Answer Options
A
Call without checking consent or registry status.
B
Honor the do-not-call request under telemarketing rules
C
Use prior asset documentation approval as a substitute for the current Do Not Call Registry Compliance requirement.
D
Treat prior borrower contact as unlimited permission for future calls.

Why This Is the Correct Answer

The correct response is "Honor the do-not-call request under telemarketing rules" because Telemarketing rules limit calling times, registry calls, internal do-not-call handling, and consent.

Why the Other Options Are Wrong

Option A: Call without checking consent or registry status.

Call without checking consent or registry status. is not correct because it does not apply the rule tested by this file scenario.

Option C: Use prior asset documentation approval as a substitute for the current Do Not Call Registry Compliance requirement.

This distractor shifts the issue to a different trigger, product, or timing rule instead of applying the rule tested in the stem.

Option D: Treat prior borrower contact as unlimited permission for future calls.

Treat prior borrower contact as unlimited permission for future calls. is not correct because it does not apply the rule tested by this file scenario.

Memory Technique

telemarketing and do-not-call controls: identify the rule being tested, then choose the action that documents or applies that rule before the file moves forward.

Exam Tip

Match the file facts to telemarketing and do-not-call controls; do not choose an exception or shortcut that skips the required rule.

Common Mistakes to Avoid

  • -Choosing an internal exception instead of the governing rule
  • -Treating preliminary or informal facts as a substitute for required documentation
  • -Answering from a familiar but unrelated mortgage topic
Was this explanation helpful?

More Ethics & Fraud Questions

In a closing-readiness check, a disclosure specialist sees facts tied to Appraisal Fraud Detection. What should the file reflect?

An MLO recommends a loan with a low initial payment that will increase sharply in two years. The borrower says retirement income will be fixed and asks whether the payment can change. What is the appropriate response?

An MLO alters a bank statement to make the applicant's account balance appear higher and submits it to underwriting. Which response is appropriate?

A branch manager asks about a loan file because marketing proposes a rate the company is not prepared to offer. What should happen?

A borrower wants cash for necessary home repairs. A proposed refinance provides $15,000 cash but adds $12,000 in costs and extends repayment by 15 years. What is the best next step for the MLO?

Before closing, the team discovers that an ad shows an interest rate but omits the APR presentation. What is the safest compliant answer?

The loan team is resolving Privacy and Confidentiality during a quality-control sample. Which action best fits the rule?

A house last sold for $185,000 in January. In March it changes hands 3 times in 9 days, reaching $410,000, with the same appraiser and the same closing agent on every leg. Assuming the parties colluded to inflate appraisals without improvements to support the higher prices, what fraud scheme does this pattern illustrate?

For closings involving federally related mortgage loans, a title company pays a real estate brokerage $75 for each referred client who closes. The brokerage only passes along the client’s name and number. Does this referral payment comply with RESPA Section 8?

Before closing, the team discovers that a loan officer wants different terms because of a protected applicant characteristic. What is the safest compliant answer?

People Also Study

Related Study Resources

Practice More MLO Questions

Access all practice questions with progress tracking and adaptive difficulty to pass your SAFE MLO exam.

Start Practicing